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Senate confirms Trump court pick despite missing two 'blue slips'

Senate Republicans confirmed a 9th Circuit Court of Appeals nominee on Tuesday even though neither home-state senator returned a "blue slip" for the judge nominated by President TrumpDonald TrumpMcCarthy says he told Rep. Marjorie Taylor Greene he disagreed with her impeachment articles against Biden Biden, Trudeau agree to meet next month Trump planned to oust acting AG to overturn Georgia election results: report MORE
 
Senators voted 53-46 on Eric Miller's nomination, making him the 31st appeals judge confirmed since Trump took office in January 2017. 
 
Miller is the first circuit court nominee to be confirmed without a blue slip from either home-state senator, with neither Sens. Patty MurrayPatricia (Patty) Lynn MurrayHawley pens op-ed to defend decision to object to electoral votes amid pushback Demolition at the Labor Department, too Hawley, Cruz face rising anger, possible censure MORE (D-Wash.) nor Maria CantwellMaria Elaine CantwellSenators vet Buttigieg to run Transportation Department Hillicon Valley: Texas, other states bring antitrust lawsuit against Google | Krebs emphasizes security of the election as senators butt heads | Twitter cracks down on coronavirus vaccine misinformation Senators press federal agencies for more information on Russian cyberattack MORE (D-Wash.) returning the sheet of paper that indicates if they support him. 
 
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Murray warned minutes ahead of the vote that Miller's nomination was putting the Senate on a "very dangerous path." 
 
"Republican leaders are now barreling towards a confirmation vote on a 9th Circuit nominee, a flash point that, if it succeeds, will mark a massive departure from the long-standing bipartisan process that has been in place for generations," Murray said from the Senate floor.
 
Cantwell added that the "confirmation process has, I believe, gone against long-standing Senate traditions, norms and the role of advise and consent to his nomination."   
 
It's the latest escalation of a years-long fight over the blue slip, with Democrats accusing Republicans of trying to defang the minority by moving nominations without support from home-state senators. 

The blue-slip rule — a precedent upheld by Senate tradition — has historically allowed a home-state senator to stop a lower-court nominee by refusing to return the blue slip to the Judiciary Committee.

How strictly the precedent is upheld is decided by the committee chairman, and enforcement has varied depending on who wields the gavel.

But it's emerged as a flashpoint during the Trump administration as several Democratic senators have refused to return their paperwork on circuit court nominees from their home states, setting up a round of fights between Democrats and the White House.

Several circuit nominees were confirmed last year despite not receiving a blue slip from one of the home-state senators. 
 
Republicans also brought 9th Circuit nominee Ryan Bounds to the floor despite not receiving a blue slip from either Oregon Democratic Sens. Jeff MerkleyJeff MerkleyBiden signs executive order invoking 2-year lobbying ban for appointees K Street navigates virtual inauguration week Senate Democrats make democracy reform first bill of new majority MORE or Ron WydenRonald (Ron) Lee WydenHillicon Valley: Intelligence agency gathers US smartphone location data without warrants, memo says | Democrats seek answers on impact of Russian hack on DOJ, courts | Airbnb offers Biden administration help with vaccine distribution Intelligence agency gathers US smartphone location data without warrants, memo says Senate panel unanimously advances Yellen nomination for Treasury MORE, but his nomination was withdrawn after Sen. Tim ScottTimothy (Tim) Eugene ScottGOP senator calls Biden's COVID-19 relief plan a 'non-starter' GOP senator questions constitutionality of an impeachment trial after Trump leaves office Biden's minimum wage push faces uphill battle with GOP MORE (R-S.C.) indicated that he wouldn't support him. 
 
The Senate Judiciary Committee voted out Miller's nomination along party lines earlier this month. 
 
Democrats were infuriated when Republicans held a hearing for Miller during the October recess last year when most lawmakers were out of town.
 
 
 
 
"He will make decisions on our nation's most important issues and will have the power to change Americans' lives," said Sen. Catherine Cortez MastoCatherine Marie Cortez MastoSenate approves waiver for Biden's Pentagon nominee Why are millions still flowing into the presidential inauguration? Transition of power: Greatness meets infamy MORE (D-Nev.). "Yet this Republican leadership believes a five-minute hearing is enough for a circuit court nominee who doesn't have the support of his own home-state senators."
 
Republicans have dismissed Democratic complaints, noting that Democrats, led by then-Majority Leader Harry ReidHarry Mason ReidSchumer becomes new Senate majority leader Biden faces tall order in uniting polarized nation Senators vet Mayorkas to take lead at DHS MORE (D-Nev.), got rid of the 60-vote filibuster for lower court nominations in 2013, ensuring an appeals judge could be confirmed by a simple majority.
 
 
"All in all, his classmates, many of whom have also been his colleagues over the years, say that Mr. Miller is, 'extraordinarily well-qualified' to serve as a federal judge," he said. "I would urge each of my colleagues to join me in voting for this fine nominee soon." 
 
Grassley also sent a letter to Murray and Cantwell late last year saying they had not returned their blue slips but also not given any "substantive reasons for your opposition."
 
"My preliminary conclusion is that the White House staff attempted to engage in meaningful consultation with you but that their engagement was not reciprocated," Grassley wrote in the letter. "I believe the White House engaged in meaningful consultation with you regarding the Ninth Circuit vacancy in Washington."